Kenyan PM at International Criminal Court seeking acquittal on charges of crimes against humanity
Lawyer seeks acquittal as prosecution admits lack of evidence, blames Nairobi stonewalling
Kenya's Uhuru Kenyatta yesterday became the first sitting president to appear before the International Criminal Court, where his lawyer sought an acquittal on charges of crimes against humanity.
Kenyatta, who handed power to his deputy before flying to The Hague, was summoned to answer questions at his floundering trial for allegedly masterminding deadly post-election violence in 2007-2008.
"The case has failed. It has failed in a way that there's no prospect to go further," Kenyatta's lawyer Steven Kay said after the prosecution admitted it did not have enough evidence because Nairobi was allegedly not cooperating.
"It would be an affront to common sense to say that we are not entitled to an acquittal," Kay told the court.
Kenyatta spoke to his supporters on the steps of the ICC's fortress-like building after the hearing, thanking them for coming. "We came here today which is what they wanted - and still there is nothing," said Kenyatta, referring to the lack of evidence.
The repeatedly-delayed case has seen at least seven prosecution witnesses drop out, allegedly through bribes and intimidation.
Judges could decide to send the case to trial or to abandon it after the prosecution said it did not have enough evidence.
They could also find that Kenya is not cooperating, and postpone the case pending a referral to the Assembly of States Parties of countries that have signed the ICC's founding Rome Statute.
"There is no time limit in this type of decision. The judges will deliberate and issue their finding in due course," ICC spokesman Fadi El Abdallah said.
Kenyatta, 52, faces five counts at the ICC over his alleged role in orchestrating unrest in 2007 and 2008 that left 1,200 people dead and 600,000 displaced.
The Kenyan leader has appeared at the ICC before, but not since he was elected president in March 2013.
ICC chief prosecutor Fatou Bensouda last month asked for an indefinite postponement, saying Nairobi had refused to cooperate with a request for financial and other statements, so she did not have enough evidence.
They want Kenyatta's bank statements, tax records and telephone records relating to the period of unrest. They believe the documents could prove Kenyatta's part in bankrolling and orchestrating the violence.
Prosecutor Ben Gumpert said since being elected, Kenyatta had "an exceptional constitutional duty to make sure that these obstructions do not take place".
The prosecution hopes the documents will shed light on Kenyatta's alleged involvement in the violence that brought one of east Africa's most stable countries to the brink of civil war.
